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South Dakota Public Utilities Commission Meeting
August 30, 2016, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Chris Nelson called the meeting to order. Present were: Commissioners: Kristie Fiegen and Gary Hanson; Commission Counsel: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Patrick Steffensen, Darren Kearney, Joseph Rezac, Eric Paulson, Brittany Mehlhaff, Lorena Reichert, and Jon Thurber; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson.
Also present was:
Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Cheyenne River Sioux Tribe Telephone Authority and TrioTel Communications Inc.; and Rich Coit, South Dakota Telecommunications Association.
Joining the meeting by telephone were:
Ron Gogolin, Pam Bonrud, Jeff Decker, Tony Flynn, and Laura Keenan NorthWestern Corporation dba NorthWestern Energy; Jennifer Moore, Gretta Knight, Renee White, Brooke Rohe, and Valerie Hanson, MidAmerican Energy Company; Troy Kwasniewski, H-D Electric Cooperative, Inc.; James Groft, James Valley Cooperative Telephone Company, Northern Valley Communications, L.L.C., and James Valley Wireless LLC; Jim Cremer, Bantz Gosch & Cremer LLC, representing James Valley Cooperative Telephone Company, Northern Valley Communications, L.L.C., and James Valley Wireless LLC; Jon Kennedy and Darrell Bren, TSP Inc.; Isaac Herman, Dow Rummel Village; Jason Topp, Qwest Corporation dba CenturyLink; Reece Almond, representing landowners; Todd Hansen, Beresford Municipal Telephone Company; Scott Bohler, Citizens Telecommunications Company of Minnesota, LLC; Tamie Aberle and Jordan Hatzenbuhler, Montana-Dakota Utilities Co.; Eric Pauli, Northern States Power Company dba Xcel Energy; Marlene Bennett, Consortia Consulting, representing TrioTel Communications Inc. and Beresford Municipal Telephone Company; Lee Magnuson, Lindquist & Vennum, LLP, representing Prevailing Winds, LLC; Ron Hornstra, Prevailing Winds, LLC; Roland Jurgens, Prevailing Winds, LLC; and Mona Thompson and Judy Farley, Cheyenne River Sioux Tribe Telephone Authority.
Administration
1. Approval of the Minutes of the Commission Meeting Held on August 16, 2016. (Staff: Joy Lashley)
Commissioner Hanson moved to approve the minutes of the Commission meeting held on August 16, 2016. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
The Commission received a total of 87 contacts since the last report was prepared for the August 16, 2016, Commission meeting.
Eight contacts involved telecommunication services, 29 contacts involved electrical services, three contacts were related to natural gas services, 14 contacts were related to wireless services, six contacts were related to the Do Not Call Registry, 11 contacts were related to the Dakota Access Pipeline, and 16 contacts were related to issues not regulated by the PUC.
Complaints received in 2014: 1,914 of the 1,916 have been resolved.
Complaints received in 2016: 952 of the 973 have been resolved.
Electric
1. EL16-022 In the Matter of the Application by Prevailing Winds, LLC for a Wind Energy Facility Permit for the Prevailing Winds Wind Energy Facility(Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Amanda Reiss, Kristen Edwards)
Mr. Lee Magnuson, Lindquist & Vennum, LLP, representing Prevailing Winds, LLC, asked that the Commission defer this docket until a later date.
2. EL16-025 In the Matter of the Request by Dow Rummel Village for a Variance from the Individual Metering Requirement in ARSD 20:10:26:03 for the Village North Apartment Complexes in Sioux Falls, South Dakota (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
Mr. Darrell Bren, TSP Inc. (TSP), asked that the Commission grant Dow Rummel Village (Dow Rummel) a variance from the individual metering requirements set forth in ARSD 20:10:26:03(1) and allow for the master metering of electric service at the Village North Complex. Mr. Darren Kearney, staff analyst, stated that staff had no concerns should the Commission grant the request. Mr. Eric Pauli, Northern States Power Company dba Xcel Energy had no objection to Dow Rummel's request.
Commissioner Nelson moved to grant Dow Rummel Village's request for a variance from the individual metering requirements set forth in ARSD 20:10:26:03(1) and allow for the master metering of electric service at the Village North Complex. Motion carried 3-0.
3. EL16-026 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions to its Rates for Rate 95, Rate 96 and Rate 97 (Staff Analysts: Joseph Rezac, Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
A lengthy discussion took place regarding docket EL16-026. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, August 30, 2016, recording located at: http://puc.sd.gov/commission/media/2016/PUC08302016.mp3.
Commissioner Hanson moved to approve Montana-Dakota Utilities Co.'s tariff revisions with an effective date of September 1, 2016. Motion carried 3-0.
4. EL16-027 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Tariff Revisions to its Sample Forms (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Ms. Pam Bonrud, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), asked that the Commission approve NorthWestern's tariff revisions with an effective date of September 1, 2016. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve NorthWestern's request.
Commissioner Fiegen moved to approve NorthWestern Corporation dba NorthWestern Energy's tariff revisions with an effective date of September 1, 2016.Motion carried 3-0.
5. EL16-028 In the Matter of the Joint Request for Service Rights Exception between NorthWestern Corporation dba NorthWestern Energy and H-D Electric Cooperative, Inc. (Staff Analyst: Jon Thurber; Staff Attorney: Kristen Edwards)
Mr. Ron Gogolin, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), asked that the Commission approve the requested service rights exception between NorthWestern and H-D Electric to provide single phase electrical service not to exceed 50 kVA to a new house located in the assigned territory of NorthWestern. Mr. Jon Thurber, staff analyst, recommended that the Commission approve the service rights exception.
Commissioner Hanson moved to approve the requested service rights exception between NorthWestern and H-D Electric.Motion carried 3-0.
Gas and Electric
1. GE16-003 In the Matter of the Filing by MidAmerican Energy Company for Approval of Revised Welcome Brochure (Staff Analyst: Jon Thurber; Staff Attorney: Kristen Edwards)
Ms. Jennifer Moore, MidAmerican Energy Company (MidAmerican), asked that the Commission approve MidAmerican's Revised Welcome Brochure with an effective date of September 1, 2016. Mr. Jon Thurber, staff analyst, recommended that the Commission approve MidAmerican's request.
Commissioner Fiegen moved to approve MidAmerican's Revised Welcome Brochure with an effective date of September 1, 2016. Motion carried 3-0.
Natural Gas
1. NG16-007 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Tariff Revisions to its Sample Forms (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Ms. Pam Bonrud, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), asked that the Commission approve NorthWestern's tariff revisions with an effective date of September 1, 2016. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve NorthWestern's request.
Commissioner Nelson moved to approve NorthWestern Corporation dba NorthWestern Energy's tariff revisions with an effective date of September 1, 2016. Motion carried 3-0.
Telecommunications
1. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC16-014, TC16-017, TC16-018, TC16-019, TC16-021, TC16-033, TC16-037, TC16-039 and TC16-043.
TC16-014 In the Matter of the Request of Fort Randall Telephone Company and Mount Rushmore Telephone Study Area: 391660 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Joseph Rezac, staff analyst, recommended that the Commission grant Fort Randall Telephone Company's request.
TC16-017 In the Matter of the Request of James Valley Cooperative Telephone Company Study Area: 391664 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Jim Cremer, Bantz Gosch & Cremer LLC, representing James Valley Cooperative Telephone Company asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant James Valley Cooperative Telephone Company's request.
TC16-018 In the Matter of the Request of Northern Valley Communications, L.L.C. Study Area: 399017 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Jim Cremer, Bantz Gosch & Cremer LLC, representing Northern Valley Communications, L.L.C. asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant Northern Valley Communications, L.L.C.'s request.
TC16-019 In the Matter of the Request of James Valley Wireless, LLC Study Area: 399014 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Jim Cremer, Bantz Gosch & Cremer LLC, representing James Valley Wireless, LLC, asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant James Valley Wireless, LLC's request.
TC16-021 In the Matter of the Request of Farmers Mutual Telephone Company Study Area: 361389 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Lorena Reichert, staff analyst, recommended that the Commission grant Farmers Mutual Telephone Company's request.
TC16-033 In the Matter of the Request of Cheyenne River Sioux Tribe Telephone AuthorityStudy Area: 391647 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Margo Northrup, Wattier & Northrup, LLP, representing Cheyenne River Sioux Tribe Telephone Authority asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Eric Paulson, staff analyst, recommended that the Commission grant Cheyenne River Sioux Tribe Telephone Authority's request.
TC16-037 In the Matter of the Request of TrioTel Communications Inc. Study Area: McCook–391669 and Tri-County Telecom–391682 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Margo Northrup, Wattier & Northrup, LLP, TrioTel Communications Inc., asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant TrioTel Communications Inc.'s request.
TC16-039 In the Matter of the Request of Qwest Corporation dba CenturyLink QC Study Area: 395145 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
The Commission deferred TC16-039 until a later Commission meeting.
TC16-043 In the Matter of the Request of Beresford Municipal Telephone Company Study Area: 391649 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Marlene Bennett, Consortia Consulting, representing Beresford Municipal Telephone Company, asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant Beresford Municipal Telephone Company's request.
In Dockets TC16-014, TC16-017, TC16-018, TC16-019, TC16-021, TC16-033, TC16-037, and TC16-043, Commissioner Hanson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets. Motion carried 3-0.
2. TC16-020 In the Matter of the Request of Citizens Telecommunications Company of Minnesota, LLC Study Area: 361123 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Scott Bohler, Citizens Telecommunications Company of Minnesota, LLC (Citizens), asked that the Commission grant the waiver and certify Citizens. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant the waiver for one year and certify Citizens.
Commissioner Nelson moved to grant the waiver for one year and certify Citizens Telecommunications Company of Minnesota. Motion carried 3-0.
3. TC16-050 In the Matter of the Application of eNetworks, LLC for a Certificate of Authority to Provide Local Exchange Services in South Dakota (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Rich Coit, South Dakota Telecommunications Association (SDTA), asked that the Commission grant intervention to SDTA. Ms. Lorena Reichert, staff analyst, stated staff does not object SDTA's request for intervention.
Commissioner Fiegen moved to grant intervention to SDTA. Motion carried 3-0.
There being no further business, at the hour of 10:27 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
August 30, 2016
